Hoare Trustees v Jaques & Ors [2008] EWHC 2022 (Ch) (06 February 2008)

Hoare Trustees v Jaques & Ors [2008] EWHC 2022 (Ch) (06 February 2008)

The second codicil, by expressly referring to and varying the first will, demonstrated the testatrix's intention to revive the first will and first codicil and revoke the second will. The intention of the solicitor, acting on the testatrix's instructions, is attributed to the testatrix. There being no issue as to testamentary capacity or due execution, probate is granted in respect of the first will and two codicils.

Citation
[2008] EWHC 2022 (Ch)
Parties
Claimant: Hoare Trustees; Defendant: Jaques & Others
Jurisdiction
England and Wales
Judgment Date
06 February 2008
Procedural Posture
Probate / Judgment
Outcome
Claim allowed
Legal Topics
Revival of Will, Testamentary Capacity, Due Execution, Codicil, Revocation of Will
Wills and Probate Revival of Will Testamentary Capacity Due Execution Codicil Revocation of Will

Case Brief

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Parties

Hoare Trustees

Claimant

Jaques & Others

Defendant

Procedural Posture

Probate / Judgment

Legal Issues

  1. 1 Whether the second codicil revived the first will and first codicil and revoked the second will
  2. 2 Whether the testatrix had testamentary capacity at the time of executing the second codicil
  3. 3 Whether the second codicil was duly executed

Ratio Decidendi

The second codicil, by expressly referring to and varying the first will, demonstrated the testatrix's intention to revive the first will and first codicil and revoke the second will. The intention of the solicitor, acting on the testatrix's instructions, is attributed to the testatrix. There being no issue as to testamentary capacity or due execution, probate is granted in respect of the first will and two codicils.

Court Disposition

Claim allowed

Orders

  • Probate in solemn form granted in respect of the first will dated 12 August 1999 and the two codicils dated 14 January 2000 and 25 November 2004